QXZB and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister to refuse the grant of a Temporary Protection (Class XD) visa. The applicant, QXZB, had received documentation including the refusal decision but subsequently lost some of it, leading to a request for the documents to be reissued. The application for review was lodged after the nine-day time limit stipulated by section 500(6B) of the *Migration Act 1958* (Cth). The decision was made by M Evans-Bonner SM.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to review the Minister's delegate's decision, given that the application for review was filed outside the prescribed nine-day period. This involved determining whether the Tribunal had any discretion to extend this time limit under the relevant legislative provisions.

The Tribunal found that section 500(6B) of the *Migration Act 1958* (Cth) prescribes a strict nine-day period for lodging an application for review of the refusal decision. The Tribunal concluded that it had no discretion to grant an extension of time for lodging such an application. Consequently, as the applicant failed to lodge the application within the statutory timeframe, the Tribunal determined that it lacked jurisdiction to review the Refusal Decision.

Accordingly, the application was dismissed under section 42A(4) of the *Administrative Appeals Tribunal Act 1975* (Cth) due to the failure to comply with the time limit for lodging the application for review.